LEAD BASED PAINT DISCLOSURE
Disclosure of known lead based paint presence in homes in Frederick County is required of the seller. However, many home owners do not know if the paint contains lead. So, disclosure is just one step. Knowing that any home constructed prior to 1978 MAY contain lead is the best notice possible. 50 years ago when a home owner needed to paint the exterior of their home, they went to the hardware store and purchased a supply of ground lead, linseed oil, pigment and paint drying mediums. These materials were blended and applied to the exterior wood trim, siding, windows and anything needing protection from the elements. Unfortunately, this paint lasts a long time. Further, over the years most commercially produced paints prior to 1978 contained lead as a major component.
The presence of lead based paint on surfaces is detected by testing. If you consider a home for purchase and you have children under the ages of 7 years or anticipate having small children in the home, you might consider doing a lead based paint test. It can be done prior to purchase or following settlement. The recommended remedy for chipping or peeling paint is scraping and repainting, known as encapsulation.
If you consider homes constructed prior to 1978 in your home search, lead based paint may or may not be present in the paint covering interior or exterior surfaces.
We will provide our buyers with a LEAD BASED PAINT booklet prepared by the Environmental Protection Agency (EPA).
How do children get lead poisoning?
The most common cause of lead poisoning is from the lead paints that were used in the 1960's and earlier. Lead is also in dust, soil, water, food, and in the air. Children can get lead poisoning by:
- putting hands or toys with lead dust on them or in their mouths.
- eating the lead paint chips that peel off the walls.
- chewing on window sills and door frames.
Many home sellers will not enter into a contract with a buyer requesting a lead based paint test contingency. Further, once the seller had knowledge of the substance, they would have to disclose that knowledge to future prospective buyers. So, since many homes in Frederick County were constructed prior to 1978, you will seriously limit your choices of homes to buy by requiring a test. The test can be performed and remedial work done after settlement.
SAMPLE LEAD BASED DISCLOSURE STATEMENT
Lead Warning Statement
Every purchaser of any interest in residential real property on which a residential dwelling was built prior to 1978 is notified that such property may present exposure to lead from lead-based paint that may place young children at risk of developing lead poisoning. Lead poisoning in young children may produce permanent neurological damage, including learning disabilities, reduced intelligence quotient, behavioral problems, and impaired memory. Lead poisoning also poses a particular risk to pregnant women. The Seller of any interest in residential real property is required to provide the buyer with any information on lead-based paint hazards from risk assessments or inspections in the Seller's possession and notify the buyer of any known lead-based paint hazards. A risk assessment or inspection for possible lead-based paint hazards is recommended prior to purchase.
(a) Presence of lead-based paint and/or lead-based paint hazards (check (i) or (ii) below):
(i) ______ Known lead-based paint and/or lead-based paint hazards are present in the housing (explain).
(ii) ______ Seller has no knowledge of lead-based paint and/or lead-based paint hazards in the housing.
(b) Records and reports available to the seller (check (i) or (ii) below):
(i) ______ Seller has provided the purchaser with all available records and reports pertaining to lead-based paint and/or lead-based paint hazards in the housing (list documents below).
(ii) _____ Seller has no reports or records pertaining to lead-based paint and/or lead-based paint hazards in the housing.
Purchaser's Acknowledgment (initial)
(c) ______ Purchaser has received copies of all information listed above.
(d) ______ Purchaser has received the pamphlet Protect Your Family from Lead in Your Home.
(e) Purchaser has (check (i) or (ii) below):
(i) ______ received a 10-day opportunity (or mutually agreed upon period) to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards; or
(ii) ______ waived the opportunity to conduct a risk assessment or inspection for the presence of lead-based paint and/or lead-based paint hazards.
Agent's Acknowledgment (initial)
(f) ______ Agent has informed the seller of the seller' obligations under 42 U.S.C. 4852(d) and is aware of his/her responsibility to ensure compliance.
Seller Initials: ______ ______ Buyer Initials: ______ ______ Agent Initials: ______ ______
Certification of Accuracy
The following parties have reviewed the information above and certify, to the best of their knowledge, that the information they have provided is true and accurate. Penalties for failure to comply with Federal Lead-Based Paint Disclosure Laws include treble (3 times) damages, attorney fees, costs, and a penalty up to $10,000 for each violation.
[purchaser's signature above/printed name below]
[purchaser's signature above/printed name below]
Date [seller's signature above/printed name below]
[seller's signature above/printed name below]
Date [agent's signature above/printed name below]